In re the Arbitration between Davis & Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Davis & Motor Vehicle Accident Indemnification Corp.

29 A.D.2d 863, 289 N.Y.S.2d 158, 1968 N.Y. App. Div. LEXIS 4504

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 4, 1968

StatusPublished

This text of 29 A.D.2d 863 (In re the Arbitration between Davis & Motor Vehicle Accident Indemnification Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Arbitration between Davis & Motor Vehicle Accident Indemnification Corp., 29 A.D.2d 863, 289 N.Y.S.2d 158, 1968 N.Y. App. Div. LEXIS 4504 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order of the Supreme Court, Kings County, dated April 11, 1967, which granted respondent’s application to stay arbitration, modified by adding to the decretal paragraph a provision that the stay is operative “ until the preliminary question of the validity of the disclaimer by the insurer in question is determined after trial in this proceeding, at which time the issue of a permanent stay may be determined.” As so modified, order affirmed, without costs. The preliminary and disputed question of the validity of the disclaimer by the tort-feasors’ insurer must be tried in this Supreme Court proceeding before the parties may proceed to arbitration. The question of whether respondent is entitled to a permanent stay of arbitration as against appellant should not be determined at this time. Christ, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.

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Order of the Supreme Court, Kings County, dated April 11, 1967, which granted respondent’s application to stay arbitration, modified by adding to the decretal paragraph a provision that the stay is operative “ until the preliminary question of the validity of the disclaimer by the insurer in question is determined after trial in this proceeding, at which time the issue of a permanent stay may be determined.” As so modified, order affirmed, without costs. The preliminary and disputed question of the validity of the disclaimer by the tort-feasors’ insurer must be tried in this Supreme Court proceeding before the parties may proceed to arbitration. The question of whether respondent is entitled to a permanent stay of arbitration as against appellant should not be determined at this time. Christ, Acting P. J., Hopkins, Benjamin, Munder and Martuseello, JJ., concur.

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Bluebook (online)

29 A.D.2d 863, 289 N.Y.S.2d 158, 1968 N.Y. App. Div. LEXIS 4504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-davis-motor-vehicle-accident-nyappdiv-1968.